If I buy property during my marriage with inherited money,is my spouse entitled to half of it?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I buy property during my marriage with inherited money,is my spouse entitled to half of it?
Inherited money was in separate account in my name only.
Asked on June 14, 2011 under Family Law, Louisiana
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
LA is a community property state. As such, all assets acquired during a marriage are presumed to be community assets unless it can be shown that such property is separate property. Separate property is property brought into the marriage (property owned prior to the marriage), inherited property or property received as a settlement (such as money from a personal injury case).
Note: The above holds true has long as their is no pre-nup providing otherwise.
Therefore, since your property was purchased with inherited funds, it is your separate property; accordingly your spouse has no rights to it. Just be sure that no community funds are used to maintain the property, etc. If so, it may become community property.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.